George Bizos LRC Oral History Project
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The Constitutional Court of South Africa: Rights Interpretation and Comparative Constitutional Law
THE CONSTITUTIONAL COURT OF SOUTH AFRICA: RIGHTS INTERPRETATION AND COMPARATIVE CONSTITUTIONAL LAW Hoyt Webb- I do hereby swear that I will in my capacity asJudge of the Constitu- tional Court of the Republic of South Africa uphold and protect the Constitution of the Republic and the fundamental rights entrenched therein and in so doing administerjustice to all persons alike with- out fear,favour or prejudice, in accordance with the Constitution and the Law of the Republic. So help me God. The Constitution of the Republic of South Africa, Schedule 3 (Oaths of Office and Solemn Affirmations), Act No. 200, 1993. I swear that, asJudge of the ConstitutionalCourt, I will be faithful to the Republic of South Africa, will uphold and protect the Consti- tution and the human rights entrenched in it, and will administer justice to all persons alike withwut fear,favour or prejudice, in ac- cordancewith the Constitution and the Law. So help me God. The Constitution of the Republic of South Africa, 1996, Schedule 2 (Oaths and Solemn Affirmations), Act 108 of 1996. I. INTRODUCTION In 1993, South Africa adopted a transitional or interim Constitu- tion (also referred to as the "IC"), enshrining a non-racial, multiparty democracy, based on respect for universal rights.' This uras a monu- mental achievement considering the complex and often horrific his- tory of the Republic and the increasing racial, ethnic and religious tensions worldwide.2 A new society, however, could not be created by Hoyt Webb is an associate at Brown and Wood, LLP in NewYork City and a term member of the Council on Foreign Relations. -
Appointments to South Africa's Constitutional Court Since 1994
Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994. -
Anc Today Voice of the African National Congress
ANC TODAY VOICE OF THE AFRICAN NATIONAL CONGRESS 14 – 20 May 2021 Conversations with the President South Africa waging a struggle that puts global solidarity to the test n By President Cyril Ramaphosa WENTY years ago, South In response, representatives of massive opposition by govern- Africa was the site of vic- the pharmaceutical industry sued ment and civil society. tory in a lawsuit that pitted our government, arguing that such public good against private a move violated the Trade-Relat- As a country, we stood on princi- Tprofit. ed Aspects of Intellectual Property ple, arguing that access to life-sav- Rights (TRIPS). This is a compre- ing medication was fundamental- At the time, we were in the grip hensive multilateral agreement on ly a matter of human rights. The of the HIV/Aids pandemic, and intellectual property. case affirmed the power of trans- sought to enforce a law allowing national social solidarity. Sev- us to import and manufacture The case, dubbed ‘Big Pharma eral developing countries soon affordable generic antiretroviral vs Mandela’, drew widespread followed our lead. This included medication to treat people with international attention. The law- implementing an interpretation of HIV and save lives. suit was dropped in 2001 after the World Trade Organization’s Closing remarks by We are embracing Dear Mr President ANC President to the the future! Beware of the 12 NEC meeting wedge-driver: 4 10 Unite for Duma Nokwe 2 ANC Today CONVERSATIONS WITH THE PRESIDENT (WTO) Agreement on Trade-Re- ernment announced its support should be viewed as a global pub- lated Aspects of Intellectual Prop- for the proposal, which will give lic good. -
Mandela at Wits University, South Africa, 1943–19491
UCLA Ufahamu: A Journal of African Studies Title “The Black Man in the White Man’s Court”: Mandela at Wits University, South Africa, 1943-1949 Permalink https://escholarship.org/uc/item/3284d08q Journal Ufahamu: A Journal of African Studies, 39(2) ISSN 0041-5715 Author Ramoupi, Neo Lekgotla Laga Publication Date 2016 DOI 10.5070/F7392031110 Peer reviewed eScholarship.org Powered by the California Digital Library University of California “The Black Man in the White Man’s Court”: Mandela at Wits University, South Africa, 1943–19491 Neo Lekgotla laga Ramoupi* Figure 1: Nelson Mandela on the roof of Kholvad House in 1953. © Herb Shore, courtesy of Ahmed Kathrada Foundation. * Acknowledgements: I sincerely express gratitude to my former colleague at Robben Island Museum, Dr. Anthea Josias, who at the time was working for Nelson Mandela Foundation for introducing me to the Mandela Foundation and its Director of Archives and Dialogues, Mr. Verne Harris. Both gave me the op- portunity to meet Madiba in person. I am grateful to Ms. Carol Crosley [Carol. [email protected]], Registrar, University of the Witwatersrand, Johannesburg, South Africa, for granting me permission to use archival material from the Wits Archives on the premise that copyright is acknowledged in this publication. I appreciate the kindness from Ms. Elizabeth Nakai Mariam [Elizabeth.Marima@ wits.ac.za ], the Archivist at Wits for liaising with the Wits Registrar for granting usage permission. I am also thankful to The Nelson Mandela Foundation, espe- cially Ms. Sahm Venter [[email protected]] and Ms. Lucia Raadschel- ders, Senior Researcher and Photograph Archivist, respectively, at the Mandela Centre of Memory for bringing to my attention the Wits Archive documents and for giving me access to their sources, including the interview, “Madiba in conver- sation with Richard Stengel, 16 March 1993.” While visiting their offices on 6 Ja- nuary 2016 (The Nelson Mandela Foundation, www.nelsonmandela.org/.). -
UCT Mourns the Passing of Advocate George Bizos
10 September 2020 UCT mourns the passing of Advocate George Bizos The University of Cape Town (UCT) mourns the passing of distinguished human rights lawyer, liberation struggle veteran and honorary doctorate recipient Advocate George Bizos. On Wednesday, 9 September 2020, Advocate Bizos passed away peacefully at the age of 92. He led a long, principled and courageous life, with an unwavering commitment to freedom and justice for all. Bizos acted as an advocate in the 1950s for Nelson Mandela and Oliver Tambo’s law firm and played a part in all the major trials of the 50-year-long struggle against apartheid. He is credited with helping craft Mandela’s impassioned plea to the court during the famous Rivonia Trial, which is said to have swayed the judge from passing the death sentence on Mandela. In 2008 UCT recognised Bizos’s contribution to South Africa and the liberation struggle with an honorary doctorate in law. This was during a time when xenophobic violence had erupted across the country. Honouring Bizos simultaneously highlighted his contribution to the liberation struggle and the rule of law and the achievements of a man who arrived in South Africa as a refugee with no formal qualification and no grasp of local languages. Born into struggle Bizos was born in 1928 in Kirani, a small coastal village in Greece, into a struggle against fascism. His birth coincided with a volatile time in Greek politics, characterised by division and fighting between democrats and fascist royalists. The Bizos family were democrats and, following a fascist coup, Bizos’s father, Antonios, was forced to resign from his position as mayor of the village. -
Download 2014 Annual Report
Faculty of Law 2014 Centre for ANNUAL Faculty of Law Human Rights REPORT 2 The Centre for Human Rights, based at the Faculty of Law, CONTENTS University of Pretoria, is both an academic department and a non- DIRECTOR’S MESSAGE 4 governmental organisation. ACADEMIC PROGRAMMES 6 The Centre was established in the Faculty of Law, University of Pretoria, in 1986, as part of domestic efforts against the apartheid system of the time. RESEARCH 8 The Centre for Human Rights works towards human rights education in Africa, a greater awareness of human rights, the wide dissemination of publications on human rights in Africa, and the improvement of the PROJECTS 10 rights of women, people living with HIV, indigenous peoples, sexual minorities and other disadvantaged or marginalised persons or groups across the continent. PUBLICATIONS 31 Over the years, the Centre has positioned itself in an unmatched network of practising and academic lawyers, national and international civil servants and human rights practitioners across the entire continent, with a CENTRE PERSONNEL 33 specific focus on human rights law in Africa, and international development law in general. Today, a wide network of Centre alumni contribute in numerous ways to the advancement and strengthening STAFF ACTIVITES 36 of human rights and democracy all over the Africa continent, and even further afield. FUNDING 40 In 2006, the Centre for Human Rights was awarded the UNESCO Prize for Human Rights Education, with particular recognition for the African Human Rights Moot Court Competition and the LLM in Human Rights and Democratisation in Africa. In 2012, the Centre for Human Rights was awarded the 2012 African Union Human Rights Prize. -
Bram Fischer and the Meaning of Integrity Stephen Ellman
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of North Carolina School of Law NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW AND COMMERCIAL REGULATION Volume 26 | Number 3 Article 5 Summer 2001 To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity Stephen Ellman Follow this and additional works at: http://scholarship.law.unc.edu/ncilj Recommended Citation Stephen Ellman, To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity, 26 N.C. J. Int'l L. & Com. Reg. 767 (2000). Available at: http://scholarship.law.unc.edu/ncilj/vol26/iss3/5 This Comments is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law and Commercial Regulation by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity Cover Page Footnote International Law; Commercial Law; Law This comments is available in North Carolina Journal of International Law and Commercial Regulation: http://scholarship.law.unc.edu/ncilj/vol26/iss3/5 To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity* Stephen Ellmann** Brain Fischer could "charm the birds out of the trees."' He was beloved by many, respected by his colleagues at the bar and even by political enemies.2 He was an expert on gold law and water rights, represented Sir Ernest Oppenheimer, the most prominent capitalist in the land, and was appointed a King's Counsel by the National Party government, which was simultaneously shaping the system of apartheid.' He was also a Communist, who died under sentence of life imprisonment. -
Truth and Reconciliation Commission of South Africa Report: Volume 2
VOLUME TWO Truth and Reconciliation Commission of South Africa Report The report of the Truth and Reconciliation Commission was presented to President Nelson Mandela on 29 October 1998. Archbishop Desmond Tutu Ms Hlengiwe Mkhize Chairperson Dr Alex Boraine Mr Dumisa Ntsebeza Vice-Chairperson Ms Mary Burton Dr Wendy Orr Revd Bongani Finca Adv Denzil Potgieter Ms Sisi Khampepe Dr Fazel Randera Mr Richard Lyster Ms Yasmin Sooka Mr Wynand Malan* Ms Glenda Wildschut Dr Khoza Mgojo * Subject to minority position. See volume 5. Chief Executive Officer: Dr Biki Minyuku I CONTENTS Chapter 1 Chapter 6 National Overview .......................................... 1 Special Investigation The Death of President Samora Machel ................................................ 488 Chapter 2 The State outside Special Investigation South Africa (1960-1990).......................... 42 Helderberg Crash ........................................... 497 Special Investigation Chemical and Biological Warfare........ 504 Chapter 3 The State inside South Africa (1960-1990).......................... 165 Special Investigation Appendix: State Security Forces: Directory Secret State Funding................................... 518 of Organisations and Structures........................ 313 Special Investigation Exhumations....................................................... 537 Chapter 4 The Liberation Movements from 1960 to 1990 ..................................................... 325 Special Investigation Appendix: Organisational structures and The Mandela United -
The Power of Heritage to the People
How history Make the ARTS your BUSINESS becomes heritage Milestones in the national heritage programme The power of heritage to the people New poetry by Keorapetse Kgositsile, Interview with Sonwabile Mancotywa Barbara Schreiner and Frank Meintjies The Work of Art in a Changing Light: focus on Pitika Ntuli Exclusive book excerpt from Robert Sobukwe, in a class of his own ARTivist Magazine by Thami ka Plaatjie Issue 1 Vol. 1 2013 ISSN 2307-6577 01 heritage edition 9 772307 657003 Vusithemba Ndima He lectured at UNISA and joined DACST in 1997. He soon rose to Chief Director of Heritage. He was appointed DDG of Heritage and Archives in 2013 at DAC (Department of editorial Arts and Culture). Adv. Sonwabile Mancotywa He studied Law at the University of Transkei elcome to the Artivist. An artivist according to and was a student activist, became the Wikipedia is a portmanteau word combining youngest MEC in Arts and Culture. He was “art” and “activist”. appointed the first CEO of the National W Heritage Council. In It’s Bigger Than Hip Hop by M.K. Asante. Jr Asante writes that the artivist “merges commitment to freedom and Thami Ka Plaatjie justice with the pen, the lens, the brush, the voice, the body He is a political activist and leader, an and the imagination. The artivist knows that to make an academic, a historian and a writer. He is a observation is to have an obligation.” former history lecturer and registrar at Vista University. He was deputy chairperson of the SABC Board. He heads the Pan African In the South African context this also means that we cannot Foundation. -
The Chief Justice Retires
JUDICIARY The Chief Justice retires Jeremy Gauntlett se Cape Bar HE Hon Mr Justice MM Corbett sion to the University of Cape is expected to step down as the Town. He commenced a BA de Tsixteenth Chief Justice ofthe Re gree. On turning 18 later in 1941, public of South Africa later this year. he proceeded to enlist. He has served in that office since 1Feb Commissioned in the South Af ruary 1989, in the Appellate Division rican Tank Corps, Lt MM Corbett since 1979, and as a judge since 1963. transferred to the First Royal Na He would ordinarily have retired (on the tal Carbineers and proceeded to attainment of what Holmes, JA has en Italy as part of the Sixth South gagingly termed the age of statutory se African Armoured Division, to nility) on 14 September 1993. On 10 take part in the campaign by the February 1993, however, the then State Eighth Army of the Allied Forces. President, Mr FW de Klerk, announced He was injured after the capture of (after consultation with opposition Rome and Florence, and boarded groupings in South Africa) that the out of the army in May 1945. He Chief Justice had accepted an invitation immediately resumed his LLB de to continue in office. His confirmation gree at the University of Cape was welcomed by Mr NR Mandela, then Town. He went to Cambridge in leader of the ANC, "particularly given October 1946, obtaining a first the wide respect and confidence he en class in the Law Tripos, whereaf joys". The then Democratic Party spokes ter he read for the LLB degree, in man on justice, Mr Tony Leon, referred which he also obtained a first (in to the qualities of the Chief Justice nec 1948). -
One Hundred Years of the Kwazulu-Natal Bench by LB Broster SC, a Coutsoudis and AJ Boulle, Kwazulu-Natal Bar
SA JUDICIARY100 YEARS OLD Juta, Kotzé and rule from 1949-1959), and Munnik CJ (from 1981-1992). Hlophe Menzies who were CJ, the first black JP of the division, is perhaps the best-known of either judges of the the current group of Judges President in the country. Amongst court or members of other things, he was responsible for the controversial decision in the families of judges of dispute between the Pharmaceutical Society of South Africa, New the court. Clicks South Africa (Pty) Ltd and the Minister of Health (New Clicks Perhaps the most South Africa (Pty) Ltd v Tshabalala-Msimang and Another NNO; well-known advocate Pharmaceutical Society of South Africa and Others v Tshabalala- ever to practise in Msimang and Another NNO 2005 (2) SA 530 (C)). the Cape was Harry The CPD also made important contributions to the development Snitcher QC, who also of the new constitutional law in cases such as the Grootboom deci- acted for appellants sion that enforced the right to housing (Government of the Republic Judge President John Hlophe, in the Harris decision, and Cape High Court of South Africa and Others v Grootboom and Others 2001 (1) SA 46 many another similar cause (CC)) and the Metrorail decision which enforced the right to life (Rail celebre. Commuters Action Group and Others v Transnet Ltd t/a Metrorail Of the Judges President of the court, several stand out purely and Others 2005 (2) SA 359 (CC)). because of the long duration of their tenure. These were Van Zyl CJ In this way the division has contributed to a process of constitu- (who took the court through the difficult years of the aftermath of tional development - from Slave Lodge to beacon of Good Hope. -
The Struggle for the Rule of Law in South Africa
NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 5 Judicial Independence and the Transition to Democracy January 2016 The Struggle for the Rule of Law in South Africa STEPHEN ELLMANN Martin Professor of Law at New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation STEPHEN ELLMANN, The Struggle for the Rule of Law in South Africa, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Stephen Ellmann The Struggle for the Rule of Law in South Africa 60 N.Y.L. Sch. L. Rev. 57 (2015–2016) ABOUT THE AUTHOR: Stephen Ellmann is Martin Professor of Law at New York Law School. The author thanks the other presenters, commentators, and attenders of the “Courts Against Corruption” panel, on November 16, 2014, for their insights. www.nylslawreview.com 57 THE STRUGGLE FOR THE RULE OF LAW IN SOUTH AFRICA NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 I. INTRODUCTION The blight of apartheid was partly its horrendous discrimination, but also its lawlessness. South Africa was lawless in the bluntest sense, as its rulers maintained their power with the help of death squads and torturers.1 But it was also lawless, or at least unlawful, in a broader and more pervasive way: the rule of law did not hold in South Africa.